Conservation Easement Donation Agreement & Substantiation Package
A model donation agreement and closing-substantiation package for a donated conservation easement — the single highest-risk instrument in the catalog, given the IRS focus on abusive/syndicated easements. FOR EXPERT LEGAL DRAFTING ONLY.
Draft: pending review
This starter document is signed off by Conservation-easement/real-estate tax counsel (§170(h), listed-transaction rules) + Land Trust Alliance-experienced practitioner before it ships. The guardrails below define that review.
What’s inside
- Model deed-of-easement skeleton with conservation-purpose recitals and perpetuity/enforcement provisions
- Baseline documentation report checklist (property condition at donation)
- Qualified-appraisal and Form 8283 substantiation workflow
- Syndicated-easement red-flag screen and refusal protocol
Legal & ethical guardrails
The sector-specific compliance points this document must honor.
- Easement deductions require a qualified appraisal and proper Form 8283; the donee's signature acknowledges receipt only — never appear to endorse valuation
- Syndicated conservation easements are IRS listed/abusive transactions with disclosure and penalty exposure; screen out promoter-driven deals
- The easement must be granted in perpetuity to a qualified organization for a valid conservation purpose (§170(h)), with baseline and monitoring
- Decline to give tax/valuation advice; require independent counsel and appraisal; adhere to Land Trust Alliance Standards & Practices
- Two deduction-voiding anchors this package MUST include: any pre-existing mortgage must be subordinated to the easement (Treas. Reg. §1.170A-14(g)(2)), and the deed must contain a conforming judicial-extinguishment/donee-proceeds-share clause (§1.170A-14(g)(6); the Oakbrook/Hewitt litigation). Attach the appraisal for gifts over $500,000 (§170(f)(11)(E)). For expert legal drafting only
Held for professional review.
The native DOCX and full working text ship only after sign-off by Conservation-easement/real-estate tax counsel (§170(h), listed-transaction rules) + Land Trust Alliance-experienced practitioner on this exact version. The summary and review requirements remain visible in the meantime.
Not legal advice. Not legal, tax, or accounting advice. The Fundraising Co. provides educational fundraising materials and is not a law firm; nothing here creates an attorney–client relationship or substitutes for advice from professionals licensed in your jurisdiction. Laws and IRS rules vary by state and change over time. Review every document with qualified counsel before use.